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RSG
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Posts posted by RSG
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1. Im guess you are talking about "reimbursed" medical care for SC disabilities. When I got SC'd, I went to the VAMC guy and he refunded to me my copays back to the effective date. I had to ask for this, they dont do this automatically, and required a copy of my decision.
2. Yes, you should get retro for dependents, also. The VA will pay your retro as follows: New Rate MINUS What you have already been paid so far. This they do for each month.
3. I dont know if VA will reimburse private care for SC conditions, but doubt it. You could have gone to VAMC, but, for whatever reason did not.
4. VA will likely consider service connecting "physical ailments" to mental health disorders on a case by case basis. Essentially, you will need a doctor stating to the effect that your xx (ailment) is "at least as likely as not secondary to your service connected depression/PTSD". If your doctor makes such a statement, then that should be probative evidence that would be difficult for VA to refute. Generally, VA does not "connect the dots", but instead requires a doctor to make this medical determination.
2. ok, the VA did not include this in my retro..Thank you.
3. In my original paperwork the VA and the navy denied any benefits of going to the VAMC for anything...In black and white..I did not know any better t the time, that they could not do this..So I was originally fighting for that.. until I found out that they could not do that..Did not find out until 2002..
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1: va reimbursal for service connected disabilities back to earlier effective dates? true or not true, read a few cfr's that say yes.
2: Does va have to pay disability at a different rate if spouse and children are included in the retro figures and in evidence on file?
3: Does VA have to reimburse for all medications from non va when the disability is Sc'd?
4: does VA consider physical ailments as secondary to PTSd/depression, such as diabetes and spinal degeneration..
I think VA has missed a few dollars in my retro On the CUE claim I was granted....RSG
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NPRC-MRC St Louis Missouri You may find all records here,
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Do you have any medical records from the navy, as well as all his duty station records (military? etc.), All of his doctors present med records and such? I have seen info about JP4/5 on the internet and it's toxic effects.. Might want to go there first...I did read that the airline stewardess union is filing a lawsuit against Boeing Aircraft for Toxic fumes from jet engines doing this identical thing, as well.. all the fumes leak into the airliners cabins..
Never a waste of time to ask questions in aid of a Vet, or yourself....Your and your spouses (VET) well being is important to us as well..
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Sorry to hear of your issues bud, but I don't know exactly what you are asking? I know a lot of Vets that say they have "Severe this, Chronic this" but if the Medical Evidence or Service Records don't say otherwise, then it is not a CUE for a rater to rate a condition low. For example in my case, I was just Medically Retired 2 years ago from Navy. I spent 3 months in a Civilian Mental Hospital while Active, and yet when I was Retired the VA only rated me 30% for PTSD and I had been placed on 10 different Psych meds at that time, to include while I was in OIF/OEF. So I submitted for an Increase Immediately for PTSD, and when I went to that C&P exam, the Psych Doc stated that I met the 70% guidelines for PTSD when I was retired, yet there was no CUE there either. Only you can decide what is best for you, I just don't see where you are going with this. I think sometimes, that as frustrated Vets we can at times want to Challenge every little thing, or think that we were entitled to more than what is there. I always say that Evidence is Evidence is Evidence, and as long as it is there, we will ultimately win in the end. Good luck and God Bless!!!
Guess what I am asking, is that if everything is in my c-file that shows all the things I am referring to, it seems that the VA should have read all the hospital and doctors reports showing all of the stuff including the hospital and the drugs and treatment before they ever made a 10% retro decision on my CUE claim..
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Yes, Berta, the VA has had all that info from day one....No The POA has not talked with me about this yet...Hmmm, did not know you could file a CUE on A CUE.... -
I was reviewing my first copy of my C-file..There is documentation showing that I was denied any benefits whatsoever from the VA.. When I was discharged with an honorable, I was told I had no rights to go to the VA for treatment...I did file 3 different claims in the period from 69, until 2004, when I started going to the VET centers and found that it was illegal for the VA or the NAVY to deny these benefits in writing.. Is there any way to call the VA on the carpet for this?
The other issue I have is I was awarded only 10% on my retro back to 69...What I do not understand about this, is that the NAVY kept me in the hospital for 4 solid months and one month in solitary, for PTSD/Major Depressive issues,(even though I never did anything wrong, and always followed orders), The NAVY even made me take 400 Mg of Thorazine everyday for the period of incarceration.. The normal dose was 25 mg.. What the heck was that for, if there was not some kind of a serious disability was then discharged and not given any access to care.. So I want to know if this incarceration for four months qualifies for a higher rating than 10% at discharge?
RSG
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Well, I appreciate this site...Since things with the VA are not working out as well as I would like, I guess I will not be able to make any substantial donations to the other veterans homes that I wanted to and I have done in the past...So I guess I will just have to make one for HAd it.. Within the next few days...Just very frustrating putting 47 years into this crap and they still try to screw ya over...Sorry folks, wish it could be more of a donation to all you here on Had it....RSG
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Go to Page 25 of the attached for 1970 and 1971 VA disability comp rates:
Thanks for these pages...I know I found from 72 on before, the others are here on had it.. except for one in the 80's and one in the 90's...Guess I can guesitmate those missing.. Thanks again....RSG
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I have not been diagnosed for TBI.But yes, your description of the MRI device is accurate..I have been thru many of them...They are extremely noisy, and claustrophobic.., and if you are getting a full body scan, your entire body will move in and out of the tube inside the MRI....Your head only, will bee much easier to deal with, only your head and neck will go in the machine..The CT scans, not the same..If the VA does this, you can request sedative prior too the MRI..I understand your problem, but it will be a necessity to do the MRI if you want to win your claim.....
RSG
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Go to Page 36 on the attached, that should give you the VA comp disability table effective January 1, 1969. At least, the way I read it. Will try to keep digging for the rest.
Thank you, I will look at these tomorrow!
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All these things are floating around in the gray matter, requires more thought organization......LOL.. VA has ignored everything I sent them until 08 BVA decision, prior to then, constant denials since 69, for no valid reason for ever denying me benefits, that is why I won CUE with EED of 5/7/69....I hate the guys behind me being cheated, and myself as well...No matter what the attorney gets 20%, and is paid by the VA directly to him.. If it is determined I do not wish to use this attorney any longer, I will fire him and renegotiate a better percentage or try to do this myself.......I need to wait and see what this attorney says when he receives the letter.....RSG
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Hey Pete992, I have the evidence, it has just been disregarded, in B&W from day one.. Showing everything including dates of hospitalization medications the works...And they have had it since the day I filed for my claim within 30 days of my discharge....RSG
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Well if this is the case with the PCB's/dioxins causing diabetes...I have found that Treasure Island in San Francisco was a Toxic waste dump on the north side of the island..The Navy removed 750 cubic tons of contaminated material and all the schools, and Barracks wee built right on top of that dump...I have documentation proving it was there as well.. A 3 ring binder full and approx. 1 1/2" thick.. RSG
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Obviously, something seems wrong.. I realize that my retro calculations need to go back to MAY 1969...I can not find any compensation charts that go back to that date...The oldest I can find is 1972....I do not remember what year the VA started the COLA increases..I also seem to remember reading somewhere in the older regs, that the VA needed to reimburse for all the medical expenses , including mediations that I have paid for before starting to go to the VAH...I do not trust anything the VA does any longer.....Not even to read correctly....
RSG
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Do you agree with the effective date of the award?
Yes except the VARO changed it to an earlier date than was spec'd by the BVA judge ! his date: May 7 1969, and VARO's April 29 1969..Very strange....
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The EED from the BVA says May 7 1969, the decision from the VARO says April 29 1969....They VARO actually shows an Earlier date.. Not sure what to think about that VARO change on the date....I am satisfied with my EED of May 7 1969.. And BroncoVet, not sure what you mean with the formula....RSG
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Hi, No, I have not made the decision as to what to do about this attorney...I just received my letter Saturday and I am sure he won't see his
copy until Tuesday at the earliest.I want to see what he has to say, before I make a decision..
And yes I feel like my integrity is an issue.. He just tries to make me feel like an idiot every time I
talk with him.. I went the Pro Se route , with help from here (HAD it) when I received my 70% back in 08, and pretty much the same for the IU
in 10..When I tried CUE on my own they sent a decision with sixteen pages of BS.. Berta helped with that one...Wasn't her fault, the VA did not pay attention. AGAIN, went back to BVA in 12, Was granted CUE in 15..So after that I decided to try this attorney, not a good feeling for me
after this experience. I had to call him on a letter he wrote that was not explicative enough for the BVA to find the Issue.. He re wrote and submitted as an addendum to BVA.. He has been paid, or will be soon..by the VA? Weird, but whatever...I am not sure how to write this NOD if I decide to do this myself, I may do it wrong again...I have had help from many, with this claim...I have had seven strokes and it is sometimes
difficult for me to do those things sometimes.. And the older I get the worse it gets...LOL RSG
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You and I both ! trying to stay alive is the trick, with behavior like the VA's...
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I understand....I am happy that I expected this behavior, I am not a dreamer and I am a realist.. If I hadn't, it would have been devastating..This attorney that I have,that used to work for the VA.. I do not feel that he is very helpful....He always seems to make me feel guilty for becoming ill with PTSD/major depressive issues...I think that he needs to be fired and another attorney found that will actually read and listen to what I tell them.. This guy has a very lousy attitude.....I will request a legend and the yearly breakdown.. The NOD will be filed.. I may end up firing this attorney and finding another.. ALL my med records and everything show that The Military kept me in the Naval hospital for 4 months for depression and PTSD before giving me an honorable discharge and this means nothing? RSG
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I have a question.. I received a decision letter from the VARO Saturday about the retro I am owed.. Somehow the VARO did not even give me a yearly breakdown of how they paid retro per year. All the other letters I have received showed a yearly breakdown on the funds. This one did not.. They granted a 10% disability and a very small retro payment was shown...There seems to be something wrong with their calculations...I can not find any info on this stuff.. Can I get any direction as to figure out how to fight this AGAIN? RSG
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Thank you sir, my attorney said he would not even consider and inquiry until after the first of next month, it does not take four months to review a file, or determine what they will do for this CUE award. they have had 47 years to look at this. What ever it might be...I intend to help another 24 veterans better their lives.......I guess I am being impatient, but enough is enough.. RSG
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I just received this via email awhile ago.....
VAVBAWAS/CO/Office of the USB VBA
Mr. RSG,
Thank you contacting the Undersecretary for Benefits. My apologies for the delayed response, Sir.
Allison truly cares about answering your email. She is reading them but has asked her claims team to help expedite your inquiry. We have also included your Regional Office Director’s Office .
Best Regards,
Denise
Now what do you folks think will happen, will my claim be put aside or will somebody finish this...within a short amount of time..
Cue Won As O F03/27/15
in VA Disability Claims Research
Posted · Edited by RSG
Hello,
Not at this time, did it have anything to do with this particular CUE...I have, however done all the research on the Island and what was there, as well as where the majority of the toxic wastes were found and removed from.. I have a binder an 1 1/2 thick with everything you might need.. If you find you need more, I will help you research it..I was there as well and came up with Diabetes when I was 30..As well as other issues that could very well be attributed to the toxic wastes and such, found there... So If you need something ask me, I may have it already and it may save you some time... and you are very welcome...RSG